November 1746

JOURNALS OF THE HOUSE of LORDS

Anno 20^o Georgii Secundi.

DIE Martis, 18^o Novembris, 1746.

DIE Martis, 18^o Novembris, 1746, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris, &c. Vicesimo, in quem Diem hæc Sexta Sessio Parliamenti, per separales Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:

REX.

Fredericus Princeps Walliæ.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places; the Lords being also in their Robes; the Deputy Gentleman Usher of the Black Rod received His Majesty's Commands to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

His Majesty spake as follows; (videlicet,)

His Majesty's Speech.

"My Lords, and Gentlemen,

"I have called you together as early as the late Conclusion of the last Session of Parliament, and the Situation of Public Affairs, would permit. During this Recess, I have been particularly attentive to extinguish any Remains of the late Rebellion, and to re-establish and secure our Tranquillity at Home, so far as depended upon Me; the rest I have reason to expect from your Zeal and prudent Deliberations, of which the Foundation already laid gives Me wellgrounded Hopes.

"In the mean Time, the State of the War Abroad has received a considerable Alteration: Though France has made some further Progress in The Netherlands; yet The United Provinces, whose Interests are so strictly connected with ours, have been preserved from that Danger which threatened them at the Opening of the Campaign, and a considerable Army remains there for their Defence. It has pleased God to bless the Arms of My good Allies the Empress Queen of Hungary and the King of Sardinia with signal Success in Italy. The Acquisitions made there by our Enemies have been recovered from them; their Forces, broken and almost ruined, have been obliged to evacuate that Country; and an Irruption is now actually making into France, whereby the Distresses of that Kingdom must be greatly increased, and a proportionable Diversion made in Favour of The Low Countries.

"I have often assured you, that My sole Aim, in carrying on this just and necessary War, is a safe and honourable Peace. In this View, I have shewed a sincere Disposition towards a general Pacification: I have consented to the holding of Conferences at Breda, in order to try whether our Enemies will, in the Event, agree to such Terms and Conditions as may be consistent with the Honour of My Crown, the Security and true Interests of My Kingdoms, and My Engagements to My Allies, whom it is My firm Resolution not to abandon.

"But, whilst we are treating of Peace, Reason and good Policy demand that we should be prepared for War: I am therefore actually concerting with My Allies the proper Measures for vigorously pursuing the War in another Campaign, in case the Obstinacy of our Enernies should render it necessary. My Desire is, to adjust these Measures as speedily as possible, that our Preparations may be early, that the Confederate Army in The Netherlands may be augmented in Time, and the Operations on the Side of Italy carried on with Effect. It shall also be My particular Care, to exert our Strength at Sea in the most effectual Manner, for the Defence of My Kingdoms and Possessions, the Protection of the Trade of My Subjects, and the Annoyance of our Enemies.

"Gentlemen of the House of Commons,

"I have ordered the Estimates for the ensuing Year to be prepared and laid before you; and desire you to grant Me such Supplies as shall be requisite, for your own Security, and for carrying on such Measures as it shall be necessary for Great Britain to pursue in the present important Conjuncture. It gives Me much Concern, to be obliged, at the same Time, to acquaint you, that, by reason of the unavoidable Accidents and Consequences of War, the Funds appropriated for the Support of My Civil Government have, for some Years past, fallen greatly short of the Revenue intended and granted by Parliament. I therefore rely on your known Affection to Me, to find out some Method to make good the Desiciency.

"My Lords, and Gentlemen,

"Nothing is so valuable and essential to Me as your vigorous Support: On this I depend. And I trust you will demonstrate it, by the Zeal, Unanimity, and Dispatch of your Proceedings."

The Speech being ended, His Majesty was pleased to retire; and the Commons withdrew.

PRAYERS.

E of Ashburnham takes his Seat.

John Earl of Ashburnham sat first in Parliament, after the Death of his Father John Earl of Ashburnham; his Lordship having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

E of Buckinghamshire introduced:

John Lord Hobart, being, by Letters Patent, dat. 5^o Die Septembris, 20^o Geo 2^di. created Earl of Buckinghamshire, was (in his Robes) introduced, between the Earl of Warwick and Earl of Chesterfield (also in their Robes); the Deputy Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.

The said Earl, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows; (videlicet,

His Writ of Sammons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Right Wellbeloved Cousin and Counsellor John Earl of Buckinghamshire, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be held at Our City of Westminster, on the Twenty-fifth Day of June, in the Fifteenth Year of Our Reign, which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Eighteenth Day of November now next coming, at Our City aforesaid, to be then there held: We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and Dispatch of the said Affairs.

"Witness Ourself, at Westnunsier, the Twentyfirst Day of October, in the Twentieth Year of Our Reign.

"Yorke and Yorke."

The said Earl, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Earls Bench.

E Fitzwilliam introduced.

William Lord Fitzwilliam, being, by Letters Patent, dat. 6^o Die Septembris, 20 Geo. 2^di, created Viscount Milton in the County of Northampton, and Earl Fitzwilliam of Norborough in the same County, was (in his Robes) introduced, between the Earl of Pembroke and the Earl of Holdernesse (also in their Robes); the Deputy Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.

The said Earl, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk, and the same was read, at the Table.

His Writ of Summons was also read, as follows; (videlicet,)

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved Cousin William Earl Fitzwilliam, of Norborough, in Our County of Northampton, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britoin and of the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be held at Our City of Westminster, on the Twenty-fifth Day of June, in the Fifteenth Year of Our Reign; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Eighteenth Day of November now next coming, at Our City aforesaid, to be then there held: We, strictly enjoining, command you, under the Faith and Allegrance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Fonour, and the Safety and Defence of the said Kingdom and Church, and Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twentyfirst Day of October, in the Twentieth Year of Our Reign.

"Yorke and Yorke."

The said Earl, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Earls Bench.

Select Vestries regulating, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating Select Vestries."

King's Speech reported:

The Lord Chancellor reported His Majesty's Speech:

And the same being read by the Clerk:

Order for an Address.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne.

"Gratefully to acknowledge His Majesty's Royal Care to extinguish any Remains of the late unnatural Rebellion, and to re-establish our Tranquillity at Home; and to assure Him of our Zeal and Endeavours to perfect that good Work by such Regulations as may be most conducive to the preventing the like Evils for the future, and to the Repose and Security of the whole United Kingdom.

"To declare our Satisfaction in the great Successes of the Austrian and Sardiman Arms in Italy, and in the Irruption now making into France on that Side, from which the most signal Advantages may arise to the common Cause.

"To express our grateful Sense of His Majesty's tender Regard for His People, in shewing so sincere a Disposition towards a general Pacification, on safe and honourable Terms; and our humble Concurrence in His Majesty's Opinion of the Reason and Prudence of being early prepared for another Campaign, in case the Obstinacy of our Enemies should render it necessary.

"To thank His Majesty for His timely Care to enter into a Concert with His Allies, on the proper Measures for that Purpose; and for His Gracious Resolution to exert our Strength at Sea in the most effectual and advantageous Manner.

"To give His Majesty the strongest Assurances, that we will zealously and heartily concur in all such Measures as shall be requisite, to strengthen His Hands either for procuring a good Peace, or prosecuting the War with Vigour; this House being entirely convinced, that the Welfare of these Kingdoms doth, under God, depend on our being secured against the ambitious Designs of France, and on the Preservation of His Majesty's Government, and of the Protestant Succession in His Royal House."

Then the Lords following were appointed a Committee, to draw an Address, pursuant to the said Order; and report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet, immediately, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

Address reported:

And the Earl of Lincoln reported from the said Committee, "That they had prepared an Address, pursuant to the foregoing Order."

And the same, being read by the Clerk, was agreed to by the House; and is as follows; (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.

"Your Majesty has given fresh Proofs of Your Paternal Goodness and Care of Your Kingdoms, in Your Vigilance to extinguish any Remains of the late Rebellion, and to secure and re-establish our Tranquillity at Home. That unnatural and flagitious Enterprize, formed and supported by our most inveterate Enemies, as it was aimed against Your Crown and Royal Family, struck at the very Foundations of the Happiness of Your People. Your Majesty may therefore be assured, that, out of Duty and Affection to Your Majesty, and Love to our Country, our most zealous Endeavours shall be exerted, to perfect that good Work, which, by Your Arms and by Your Justice, has hitherto been so successfully conducted; and to make such Regulations as may be most conducive to the preventing the like Evils for the future, and to the Repose and Security of the whole United Kingdom.

"Though we behold with Concern the Progress made by our Enemies in The Netherlands; yet it gives us great Satisfaction, to see The States General of the United Provinces, those ancient and natural Allies of Great Britain, still preserved from the ambitious and destructive Projects formed against them. At the same Time, we rejoice in the signal Successes with which it has pleased God to bless the Magnanimity and Steadiness of the Empress Queen of Hungary and the King of Sardinia, in Italy. Nothing can be more conformable to the Just Expectations of this Nation, or can contribute more to the Advantage of the common Cause, and to make France feel those Distresses which that Power has endeavoured to bring upon others, than the effectual Prosecution of those Successes, by a powerful Invasion of its Dominions on that Side.

"With the utmost Gratitude, we acknowledge Your Majesty's tender Regard for Your People, in shewing so sincere a Disposition towards a general Pacification, on safe and honourable Terms: Your Majesty's Arms, taken up only for the just Defence of Your own Rights and those of Your Kingdoms, and of the common Liberty, will always be directed by that desirable End. And we beg Leave, with great Humility, to express our Concurrence in that Opinion which Your Majesty has been pleased so wisely to declare to Your Parliament; that Reason and Prudence require our being early prepared for another Campaign, in case the Obstinacy of our Enemies should render it necessary.

"On this Account, we should be inexcusable, if we did not return Your Majesty our sincere Thanks, for Your timely Care to enter into a Concert with Your Allies on the proper Measures for that Purpose; and for Your Gracious Resolution to exert Your Naval Strength in the most effectual Manner, for the Protection of the most valuable Interests of Your Subjects, and for striking Terror into your Enemies.

"We beseech Your Majesty to accept the strongest Assurances of our zealous and hearty Support in there Your salutary Views and Intentions; and that we will chearfully concur in all such Measures as shall be requisite, to strengthen Your Majesty's Hands, either for procuring such a Peace as may be consistent with the Honour of Your Crown, the true Interest of Your People, and Your Engagements to Your Allies, or for prosecuting the War with Vigour. And we beg Leave to renew to Your Majesty the most unfeigned Professions of our entire Conviction, that the Prosperity and Well-being of these Kingdoms do, under God, depend on our being secured against the ambitious Designs of France, and on the Preservation of Your Majesty's Government, and of the Protestant Succession in Your Royal House."

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know when He will be pleased to be attended therewith.

Suspension Habeas Corpus Act continuing, Bill.

The Duke of Newcastle presented to the House a Bill, intituled, "An Act for the further continuing an Act made in the last Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

And the same was read Twice.

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Accordingly, the House was put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which he was ready to report, when the House will please to receive the same."

Ordered, That the Report be now received.

Accordingly, his Lordship reported from the said Committee the Amendments made to the said Bill, as follow; (videlicet,)

"Sheet 4. Line 4. Fill the First Blank with ["Twentieth"], and the Second with ["February"].

"Line 6. Fill the Blank with ["Six"]."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Committee Privileges.

Lords Committees appointed to consider of the Orders and Customs of the House, and Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Their Lordships, or any Seven of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the House of Peers, and every Monday after; and to adjourn as they please.

Committee for the Journal.

Lords Sub-committees appointed to consider of the Orders of the House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of this and former Sessions of Parliament.

Their Lordships, or any Three of them; to meet when, where, and as often as, they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in the Streets and Passages between Charing Cross and The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between Charing Cross and The Old Palace Yard, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.

Suspension Habeas Corpus Act continuing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the further continuing an Act made in the last Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Sawyer and Mr. Montague:

To carry down the said Bill, and desire their Concurrence thereunto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 19^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty to be attended with the Address:

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended with their Lordships Address; and that His Majesty had been pleased to appoint this Day, at One o'Clock, at His Palace of Saint James's."

Respondents peremptorily to answer Plunket's Appeal.

The House was informed, "That Henry Lord Viscount Kingsland, Francis Lord Athurny, and Thomas Wakeley Esquire, Respondents to the Appeal of William Plunket Gentleman, had not put in their Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Hugh Birchall of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptoriiy put in their Answer or respective Answers to the said Appeal in a Week.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 20^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to the Address.

The Lord Chancellor reported, "That the House did Yesterday present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer; (videlicet,)

"My Lords,

"I thank you for this dutiful and affectionate Address. The just Sense you express of the present Posture of Affairs, and your Assurances of supporting Me and My Allies, in procuring a good Peace, or prosecuting the War with Vigour, give Me entire Satisfaction. The Confidence you repose in Me shall always be used for the true Interests of My People."

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Wight & al. against Stewart:

The House was informed, "That Rachael Stewart, Respondent to the Appeal of Andrew Wight of Ormistoun Linen-draper, and others, had not put in her Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Alexander Falconer Writer in Edinburgh, of the due Service of the said Order, being read:

Respondent peremptorily to answer.

Ordered, That the said Respondent do peremptonly put in her Answer to the said Appeal in a Week.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum primum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 21^o Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Accounts of prohibited East India Goods and Naval Stores delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament,

"The Report of the said Commissioners; with the Accounts of the prohibited East India Goods and Naval Stores imported, from Michaelmas 1745, to Michaelmas 1746."

And then they were directed to withdraw.

And the Titles of the said Accounts were read, by the Clerk; and are as follow; (videlicet,)

"N^o 1. An Account of prohibited East India Goods that remained in the East India Company's Warehouses at St. Hellens, in the Port of London, at Michaelmas 1745; also what brought in since, what exported, and what remained at Michaelmas 1746."

"N^o 2. An Account of prohibited East India Goods that remained in the Warehouses at Leadenhall, Fenchurch Street, and Steel Yard, in the Port of London, at Michaelmas 1745; also what brought in since, what exported, and what remained at Michaelmas 1746."

"N^o 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1745; what brought in since, what exported, as also what remained at Michaelmas 1746."

"N^o 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Out Ports, at Michaelmas 1745; what have been since brought in, what exported, as also what remained at Michaelmas 1746."

"N^o 5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helens, Fenchurch Street, Leadenhall Street, and Custom-house, in the Port of London, since Michaelmas 1745, in order to be dyed, glazed, &c.; what have been returned, and what remained out of the said Warehouses at Michaelmas 1746."

"N^o 6. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1745, to Michaelmas 1746."

"N^o 7. An Account of Naval Stores imported into the Ports of England (commonly called the Out Ports), from Michaelmas 1745, to Michaelmas 1746."

Ordered, That the said Accounts do lie on the Table.

Message from H. C. to return the Bill for continuing the Act for Suspension of the Habeas Corpus Act:

A Message was brought from the House of Commons, by Mr. Attorney General and others:

To return the Bill, intituled, "An Act for the further continuing an Act made in the last Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government;" and to acquaint this House, that they have agreed to the same, without any Amendment.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present;

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales and the Duke of Cumberland, in their Robes, sitting in their respective Place; the Lords being also in their Robes; commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

The Clerk of the Crown read the Title of the Bill ready for the Royal Assent, as follows; (videlicet,)

and the Bill passed.

"An Act for the further continuing an Act made in the last Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

To which Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy le veult."

Then His Majesty was pleased to retire; and the Commons withdrew.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 26^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Evans against Blood & al.

The joint and several Answer of William Blood and others, to the Appeal of Richard Evans Gentleman, was brought in:

Marshal against Vaughan.

As was also, the Answer of Anne Vaughan Widow, One of the Respondents to the Appeal of Hugh Marshall.

Sir Thomas Parkyns & al. Petition referred to Judges.

Upon reading the Petition of Sir Thomas Parkyns Baronet, an Infant, Eldest Son and Heir of Sir Thomas Parkyns late of Bunny Park in the County of Nottingham Baronet, deceased, and of John Sherwin Esquire, Richard Porter Esquire, and Samuel Sterropp Gentleman, his Trustees and Guardians, and also of Jane Parkyns Spinster, an Infant, sole Daughter and Heir of Thomas Parkyns Esquire, deceased, who was Second Son and Heir of Sampson Parkyns Esquire, deceased, who was in his Life-time Eldest Son and Heir Apparent of the said Sir Thomas Parkyns deceased, by Dame Elizabeth Parkyns, Widow and Mother, and on the Behalf, of the said Jane Parkyns the Infant; praying Leave to bring in a Bill, to enable the said Sir Thomas Parkyns Baronet and Jane Parkyns, the Infants, with the Consent of the other Petitioners their Guardians and Trustees, to make Settlements on their Intermarriage, as in the Petition is mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Abney; who are forthwith to summon all Persons concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Persons who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Byrd & al. Petition referred to Judges.

Upon reading the Petition of Maria Byrd Widow, Francis Otway Esquire and Anne his Wife, and Sophia Hayes Widow; praying Leave to bring in a Bill, to enable the Petitioners to grant Leases of certain Freehold Messuages, or Tenements, in the Petition mentioned; and for Sale of Part of another Estate, for the Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Clarke and Mr. Baron Clive; with the usual Directions, according to the Standing Order.

Scott against Fullerton & al.

The House being informed, "That Thomas Fullerton and others have not put in their Answer to the Appeal of Hercules Scott Esquire, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit, made by Alexander Ross Writer to His Majesty's Signet, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.

Evans against Blood & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Evans Gentleman is Appellant, and William Blood and others are Respondents."

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 17th Day of December next.

Trowel & Ux. against Renton & al.

The like Motion and Order, for hearing the Cause wherein Thomas Trowell Merchant in London and his Wife are Appellants, and Thomas Renton and others Respondents, on the First Day for Causes after the Recess at Christmas.

Plunket against Visc Kingsland & al.

The like Motion and Order was made, for hearing the Cause wherein William Plunket Gentleman is Appellant, and Henry Viscount Kingsland and others are Respondents, on Wednesday the 21st Day of January next.

E. Lauderdale against Binning.

Upon reading the Petition and Appeal of James Earl of Lauderdale; complaining of an Interlocutor of the Lords of Session in Scotland, of the 11th Day of June 1743; and of another Interlocutor of the said Lords, of the 18th Day of November 1743, whereby they adhered to their said former Interlocutor, made on the Behalf of William Binning of Wallyfoord Advocate, Elizabeth Binning, and Jean Binning; and praying, "That the said Interlocutors may be reversed; and that the Appellant may have such other Relief as to this House in their great Wisdom shall seem meet:"

It is Ordered, That the several Persons last named may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 24th Day of December next; and Service of this Order on their Lawyer or Agent shall be deemed good Service.

Johnson to enter into Recognizance for the E of Lauderdale.

The House being moved, "That Claud Johnson of London Merchant may be permitted to enter into a Recognizance for the said Appellant; he being in Scotland:"

It is Ordered, That the said Claud Johnson may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem Decembris jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes